made about the Confidential Listening Service (CLAS)187, and the claims resolution team set up in 2006.188 Royal Commission of Inquiry into Historical Abuse in State Care and in the Care of Faith-based Institutions 173. The Royal Commission was established to find out what happened to children, young people and vulnerable adults in State and faith-based institutions between 1 January 1950 and 31 December 1999 and ensure lessons are learned for the future.189 The Royal Commission cannot award compensation, apologies or other remedies in dealing with historic experiences of torture or abuse, but it can make recommendations to the Government on these matters. 174. The Commission made written submissions on the Inquiry into Lake Alice, as well as the Public Redress Hearing. Our submissions highlighted the Crown’s obligations to survivors on the right to redress, noting that an individual’s right to redress contains both procedural and substantive elements. These elements require State parties to enact legislation that provides victims of torture with the right to obtain adequate and appropriate substantive redress through the full scope of measures to redress violations that include restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition. 175. The deadline for the final report containing these recommendations has been delayed a second time, from June 2023 to March 2024. Lake Alice Inquiry 176. In June 2021, the Royal Commission held dedicated hearings to inquire into the abuse at Lake Alice and heard from over one hundred survivors and witnesses. The Royal Commission presented its report Beautiful Children, Inquiry into the Lake Alice Child and Adolescent Unit to parliament in December 2022, detailing the areas where the State agencies failed patients at the Unit. Among the findings were that: (a) Children and young people were subjected to torture, including serious sexual, physical, emotional and psychological abuse190 and that that the use of electric shocks and paraldehyde to punish at Lake Alice met the definition of torture.191 (b) Investigative mechanisms were deficient and flawed, including the four Police investigations between 1977 and 2010, investigations and actions by medical professional bodies, and the Crown’s response to civil claims by survivors.192 187 The Confidential Listening Service (CLAS), which ran from 2008 – 2015, was set up to hear from survivors of historic abuse. However, Her Honour Judge Henwood (as Chair of the Confidential Listening and Assistance Service (CLAS) has highlighted the deficiencies with this process in terms of its failure to provide redress and compensation to survivors of state abuse. See Abuse in Care: Statement of Judge Carolyn Henwood, available at: Abuse in Care: Statement of Judge Carolyn Henwood, available at https://www.abuseincare.org.nz/our-progress/library/v/53/statement-of-judgecarolyn-henwood. 188 In the Government’s 2014 report to the Committee, it noted that a delay of two years from the initial meeting with a complainant to when a detailed investigation of the client’s case can be commenced, is unacceptable. 189 Royal Commission of Inquiry into Historical Abuse in State Care and in the Care of Faith-based Institutions https://www.abuseincare.org.nz/. 190 Royal Commission of Inquiry into Abuse in State Care, Beautiful Children, Inquiry into the Lake Alice Child and Adolescent Unit (December 2022) at p. 342, [989] available at https://www.abuseincare.org.nz/our-progress/reports/inquiry-intothe-lake-alice-child-and-adolescent-unit/. 191 Ibid., at p. 104, [191]-[192]. 192 Ibid., Summary of Finding at p. 336-339. 40

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